State v. Kelm

¶1 The State of Montana appeals an order of the Montana Fifteenth Judicial District Court, Sheridan County, granting defendant Kristin Kelm’s motion to suppress evidence. We affirm in part, reverse in part, and remand the action for further proceedings.

¶2 We address the following issues on appeal:

¶3 1. Did the District Court incorrectly conclude that, because the arresting officer did not follow § 46-6-312, MCA, all evidence gathered after Kelm’s arrest should be suppressed?

¶4 2. Did the District Court incorrectly conclude that the officer’s failure to advise Kelm of her Miranda rights at the…